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Received a claim? Yes
Issue Date: 26 - 01 - 15
Amount approx.: 7161.51
Claimant: Lowell
Solicitor: BW Legal
Original Credit: Welcome Financial Services Ltd (car hire purchase agreement) car was voluntarily repossesed Jan 08)
Particulars of Claim:
Claim is for 7161.51, being claimed under a hire purchase loan agreement regulated by the consumer credit act 1974, between the defendant and Welcome Financial services Ltd under account reference ********* and Assigned to Lowell 30/08/2012 and notice given to defendant
Default Notice served which has not been complied with.
Defendant failed to maintain contractual payments under the Terms of the agreement and a default notice has been served and not complied with.
Claim includes statutory interest totalling 1069.94
Stat Barred? possibly (not if ruled under BMW vs Hart)
Have sent: Acknowledged the Claim, CPR request to BW Legal, CCA request to Lowell, statue barred evidence letter sent to Lowell, Submitted defence to county court as below:
Particulars of Defense - ************
1: I received the claim ********** from the County Court Business Centre, Northampton on 2nd February 2015 (issued 26 January 2015)
2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3: This claim appears to be for a Hire Purchase loan agreement regulated under the Consumer Credit Act 1974.
4 [It is admitted/denied] that the Defendant has [previously] entered io [agreement/agreements] with [Original Creditor /Claimant] for provision of credit.
4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
5. The particulars of claim fail to state when the agreement was entered into.
6. The Claimants statement of case states that the account was assigned from Welcome Financial Services Ltd to Lowell Portfolio 1 Ltd on 30/08/2012 The Defendant does not recall receiving notice of this assignment.
7. It is denied that Welcome Financial Services Limited served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
8: On the 13th February 2015 sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to BW Legal (acting on behalf of Lowell Portfolio 1 Ltd) . I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment .
9. BW Legal has not sent any of these documents to me.
10. On the 13th February I sent a formal request for a copy of the original agreement to Lowell Portfolio 1 LTD pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.
11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.
12: No extensions to timeframes allowed for submission of my defence have been requested or agreed by the claimant in leu of the of the receipt of the aforementioned documents (as allowed under CPR 15.5 to extend the time period allowed for filing of my defence pending receipt of requested documentation)
13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
16. On 13th February 2014 I also requested that Lowell Portfolio 1 LTD provide evidence to show that this claim is not barred under the Limitation Act 1980 Section 5 (statue barred), and therefore unenforceable…the claimant has failed to provide the requested evidence.
17. It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth
The Defendant believes that the facts stated in this Defence are true.
************
Date of Birth: ****************
SIGNED 27/2/15
Other Info:
have since (after defense was submitted and deadline passed) received notice of assignment of date from WFS (dated 13th February 2015) stating the debt was assigned on 30/8/12 to lowell
have received acknowledgement of CPR request from BW Legal (dated 27/2/15) stating they have requested further information from original creditors and are looking to supply within 12 days (or possible longer if documentation unavailable)
have since received letter from BW Legal (dated 12/3/15) offering a 20% discount on repayment and containing a full statement of accounts and a copy of original agreement (with signature) from Welcome Financial services (main details of statement of accounts show debt written off 29/8/12, 1st recorded default sum interest waiver 15/7/11, repo sales proceeds transfered to account 5/5/09 and last payment made 20/6/08) last written acknowledgement of debt would be voluntary reposession and termination letter on or around jan 08) This was the last communication to date
Please can you advise my next steps (have had no response to request for default notice, statue barred proof request letter, or further correspondence from the county court after defence was submitted)
Can you advise if DCA's are now using BMW vs Hart in these claims as grounds for defeating statue barred defence, and based on the above information where do i stand if the matter goes to court?
kind regards
Damien
Issue Date: 26 - 01 - 15
Amount approx.: 7161.51
Claimant: Lowell
Solicitor: BW Legal
Original Credit: Welcome Financial Services Ltd (car hire purchase agreement) car was voluntarily repossesed Jan 08)
Particulars of Claim:
Claim is for 7161.51, being claimed under a hire purchase loan agreement regulated by the consumer credit act 1974, between the defendant and Welcome Financial services Ltd under account reference ********* and Assigned to Lowell 30/08/2012 and notice given to defendant
Default Notice served which has not been complied with.
Defendant failed to maintain contractual payments under the Terms of the agreement and a default notice has been served and not complied with.
Claim includes statutory interest totalling 1069.94
Stat Barred? possibly (not if ruled under BMW vs Hart)
Have sent: Acknowledged the Claim, CPR request to BW Legal, CCA request to Lowell, statue barred evidence letter sent to Lowell, Submitted defence to county court as below:
Particulars of Defense - ************
1: I received the claim ********** from the County Court Business Centre, Northampton on 2nd February 2015 (issued 26 January 2015)
2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3: This claim appears to be for a Hire Purchase loan agreement regulated under the Consumer Credit Act 1974.
4 [It is admitted/denied] that the Defendant has [previously] entered io [agreement/agreements] with [Original Creditor /Claimant] for provision of credit.
4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
5. The particulars of claim fail to state when the agreement was entered into.
6. The Claimants statement of case states that the account was assigned from Welcome Financial Services Ltd to Lowell Portfolio 1 Ltd on 30/08/2012 The Defendant does not recall receiving notice of this assignment.
7. It is denied that Welcome Financial Services Limited served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
8: On the 13th February 2015 sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to BW Legal (acting on behalf of Lowell Portfolio 1 Ltd) . I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment .
9. BW Legal has not sent any of these documents to me.
10. On the 13th February I sent a formal request for a copy of the original agreement to Lowell Portfolio 1 LTD pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.
11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.
12: No extensions to timeframes allowed for submission of my defence have been requested or agreed by the claimant in leu of the of the receipt of the aforementioned documents (as allowed under CPR 15.5 to extend the time period allowed for filing of my defence pending receipt of requested documentation)
13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
16. On 13th February 2014 I also requested that Lowell Portfolio 1 LTD provide evidence to show that this claim is not barred under the Limitation Act 1980 Section 5 (statue barred), and therefore unenforceable…the claimant has failed to provide the requested evidence.
17. It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth
The Defendant believes that the facts stated in this Defence are true.
************
Date of Birth: ****************
SIGNED 27/2/15
Other Info:
have since (after defense was submitted and deadline passed) received notice of assignment of date from WFS (dated 13th February 2015) stating the debt was assigned on 30/8/12 to lowell
have received acknowledgement of CPR request from BW Legal (dated 27/2/15) stating they have requested further information from original creditors and are looking to supply within 12 days (or possible longer if documentation unavailable)
have since received letter from BW Legal (dated 12/3/15) offering a 20% discount on repayment and containing a full statement of accounts and a copy of original agreement (with signature) from Welcome Financial services (main details of statement of accounts show debt written off 29/8/12, 1st recorded default sum interest waiver 15/7/11, repo sales proceeds transfered to account 5/5/09 and last payment made 20/6/08) last written acknowledgement of debt would be voluntary reposession and termination letter on or around jan 08) This was the last communication to date
Please can you advise my next steps (have had no response to request for default notice, statue barred proof request letter, or further correspondence from the county court after defence was submitted)
Can you advise if DCA's are now using BMW vs Hart in these claims as grounds for defeating statue barred defence, and based on the above information where do i stand if the matter goes to court?
kind regards
Damien
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